The TEACH
Act (Technology, Education and Copyright Harmonization Act) is a piece
of legislation that offers instructors expanded opportunities for using
copyright-protected materials in distance-delivered and electronically-enhanced
courses. TEACH does not revise or undercut fair use exemptions which
apply to the use of copyright-protected materials in instructional settings.
Instead, it exists alongside the principles of fair use in the Copyright
Act, expanding the contexts and circumstances under which copyright
protected resources may be used by teachers without special permission
or licensing in the digital or distance education environment.

II.
TEACH Act Worksheet

It should
come as no surprise that the TEACH Act is not an easy document to read
and interpret. As with most pieces of copyright legislation, TEACH does
not spell out in clear and precise terms exactly what copyright-protected
materials may or may not be used in a given instructional circumstance.
The following TEACH Act Worksheet is designed to assist you in making
that determination yourself, as the faculty member is responsible for
complying with copyright law and for documenting that compliance. As
you work your way down the checklist, keep in mind that TEACH is designed
to balance the interests and needs of instructors with the interests
and needs of those who have authored content. That balancing act means
that judicious restraint and good faith are called for in deciding what
copyright-protected materials may be used for instructional purposes
and in what amounts.

If you
have reviewed the TEACH Act Worksheet and are still unsure whether or
not certain materials may be used under the exemptions of TEACH (or
under the exemptions of fair use), then you should contact the University
of Alaska's Intellectual Property & Licensing Department for assistance:

Director
Intellectual Property and Licensing for the University of Alaska
University of Alaska Fairbanks
PO Box 757560
Fairbanks, AK 99775-7560
907-474-7765Diane.McLean@uaf.edu

IV.
TEACH Act Guidelines for Students

The TEACH
Act is a relatively new part of copyright law that allows students and
instructors to use copyright-protected materials for instructional purposes
without obtaining prior permission from the work's author. The TEACH
Act does not allow students to use copyright-protected works in many
instances, however. In addition, the legislation outlines strict guidelines
for students in terms of how they should handle copyright-protected
materials posted to a course website by an instructor. The following
tip sheet explains some of those rules and guidelines.

This website offers perhaps the most comprehensive and user-friendly
review of the TEACH Act. It presents and summarizes the main points
of TEACH in a number of different ways--all of them very accessible.
It is largely considered one of the best resources on the topic.

This online article provides an excellent analysis and interpretation
of the TEACH Act.
Prepared by a lawyer in the field (and yet accessible to the non-legal
expert), the essay does a very good job of outlining the main points
of TEACH.

This website also does a decent job of distilling the essence of the
TEACH Act. Its TEACH Act checklist (found at the end of the site)
is especially simple to fill out and yet very thorough. One of the
best there is.